Nieves v. BHV IV, LLC

Summary

The Appellate Division, First Department, affirmed an order denying defendants' motion for summary judgment in a premises-liability action involving a plaintiff who slipped on water while descending interior stairs. The court held that defendants failed to establish when the stairs were last inspected, and conflicting testimony regarding a recurring rainwater condition and complaints to the superintendent created an issue of fact concerning notice.

Holdings

1. Defendants failed to establish their prima facie entitlement to judgment as a matter of law because they submitted no specific evidence showing when the steps had last been inspected by the superintendent.
2. The conflicting testimony about whether the stairwell window was stuck open, whether the stairs routinely became wet when it rained, and whether plaintiff complained to the superintendent presented an issue of fact as to whether defendants had notice of a recurring dangerous condition that was routinely left unaddressed.

Questions Presented

1. Whether defendants established prima facie entitlement to summary judgment in a premises-liability action arising from plaintiff's fall on rainwater on interior stairs.
2. Whether conflicting testimony concerning a recurring wet condition and defendants' notice created a triable issue of fact.

Disposition

affirmed